Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION V.

Proved, or not proved.
Subject_3 SECT. IX.

Property of Moveables. - Bargain of Moveables.

Cranston
v.
Adamson

Date: 10 December 1628
Case No. No 613.

The cause of being put in possession of moveables may be proved prout de jure.

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Patrick Cranston, assignee constituted by Catharine Pringle, pursues Adamson, who had married the said Catharine's daughter, for delivery of certain goods and gear alleged pertaining to the said Catherine, and wrongously intromitted with by her said son-in-law, extending to the avail of 2000 merks. To which it was answered, That by a verbal contract of marriage, which afterward was accomplished betwixt the said pursuer's daughter and the defender, she permitted to him the whole goods and gear upon the ground, and put him in possession of her room, he giving to her sustentation in the house with him and her daughter; likeas, he occupied the room, and paid the master the duty therefor, as tenant, for the space of five years preceding the intenting of the cause. To this it was replied, That this exception could not be proved but scripto vel juramento partis. The Lords found, That it might be proved prout de jure.

Auchinleck, MS. p. 154.